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Prasun Chandra Das (Banker)     01 January 2013

Urgent:preventive measures at the time of compromise

My friend's wife had filed a false complaint of dowry & mental & physical haassment at Crime Against Women (CAW) Cell at a Police Station (PS), against my friend and his parents & sisters. Now all have agreed for compromise, and my friend has been told by CAW Cell that there is a diary/log book at the PS where friend's wife and friend will sign that they have settled the matter amicably amongst themselves. No other formality is done. 

 

My query is: What preventive measures can my friend take at the time of compromise, so that his wife cannot file a 498A case against him/his parents & sisters in future. The aim is to make her write something legally acceptable (agreement/affidavit ??) that there was never any dowry involved and she was never harassed/tortured at her in-laws' home. If at all she files a 498A at a future date, my friend can show this in PS/Court and hopefully evade arrest/proceed for quashing.

 

Please advise.



Learning

 3 Replies

Kumar Doab (FIN)     01 January 2013

The following is with limited understanding on the matter.

Valuable advice of learned experts/members is sought.

“that there was never any dowry involved and she was never harassed/tortured at her in-laws' home. And the complaint is withdrawn”

A copy be obtained thru RTI.

You may find the following useful.

Role and Duties Of Police :

Methods, Modalities and Strategies of Conflict Resolution

Alternative Dispute Resolution (ADR) Approach

Law Commission Report:

2.2

iv)  Before the registration of FIR, all possible efforts should be made for

reconciliation and in case  it is found that there is no possibility of settlement, then, necessary steps should, in the first instance, be taken to ensure return of sthridhan and dowry articles to the complainant.

The other directions given were :-The Delhi Legal Services Authority, National Commission  for Women,

NGOs and social workers working for upliftment of women should set up a

desk in Crime Against Women Cell to provide them with conciliation services,

so that before the State machinery is set in motion, the matter is amicably

settled at that very  stage. The need to  explore  the possibility of reunion and

conciliation when the case reaches the Court was also stressed. In conclusion,

it was observed that in these matters, the parties themselves can adopt a

conciliatory approach without intervention of any outside agency.

 

 

https://chandigarhpolice.gov.in/woman.htm

WOMEN AND CHILD SUPPORT UNIT

Home Guard Building Sector 17, Chandigarh

 

ACTION /RESPONSE:

·  If the matter relates to family or matrimonial dispute etc. and the complainant is not interested in legal action or needs  counseling, then the concerned Police Station’s R.O. will lodge DDR in the daily diary and will send the report to Woman & Child Support Unit  so that the matter can be handled by utilising services of expert counselours  who are routinely involved in counselling process at Woman & Child Support Unit.

 

 

 

Allahabad High Court

Criminal Misc. Writ Petition No.3322 of 2010 Criminal;

on mediation.

 


Attached File : 381580680 allahabad hc mediation.doc, 381580680 law commission report 498 a report243.pdf, 381580680 role and duties of police.doc downloaded: 194 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 January 2013

When yousay compromise, what kind of compromise is it. Anything that you write on paper, may not be worth the paper it is written on.

 

Go ahead if the trust is still intact,

 

 

 

Regards,
 
 
Shonee Kapoor
1 Like

Kumar Doab (FIN)     02 January 2013

It is so nice of LCI expert/member Mr. Shonee to come in and post his valuable advice in the thread. Mr. Shonee has helped many of the victims of 498A.

It is suggested that you may pick up your phone, get in touch with him and proceed under expert advice.

For the benefit of all who visit this thread and the forum kindly update the developments.


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